Form 1353 - Michigan Department Of Treasury Nexus Questionnaire - 2009 Page 2

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1353, Page 2

4. Do agents, representatives, independent contractors, brokers or others acting on your behalf do any of the following: own, lease,

use or maintain an in-state office or other establishment which is significantly associated with your ability to establish or maintain a

market in Michigan? (See Table 2 on page 4.) If Yes, identify the year(s).

Yes, enter year(s)

“Representative” means any individual or entity that conducts business activities in the taxing state on behalf of another. The term does not include

employee. The term includes, without any limitation on the foregoing, agents, corporate or other business entities, related or unrelated to the other

business, and independent contractors. The term also includes sub-representatives. A representative may be a resident or nonresident of the taxing

state.

5. How are goods delivered to Michigan purchasers?

By a Related Party

Common Carrier

Vehicles owned, leased, used or

maintained by your company

Contract Carrier

By a Representative

Other:

"Related Party" means any individual or entity that qualifies or would qualify as (i) an affiliated group or a controlled group of corporations under section

1563 of the internal revenue code or (ii) an entity under common control under internal revenue code regulation 1.414(c)-2 provided that “50 percent”

shall be substituted for “80 percent” in determining when an individual or entity is part of an affiliated group, a controlled group of corporations, or an

entity under common control.

6. For Transportation Companies only:

Company only drives through Michigan,

Company picks up or drops off in Michigan, enter year(s) ________

or doesn't enter Michigan.

7. Do your employees, agents, representatives, independent contractors, brokers or others (both Michigan residents and

nonresidents) conduct business activity in Michigan on your behalf? If Yes, for each activity listed below enter the applicable tax

year(s) and indicate the number of days activities were performed in Michigan during the 12-month taxable year. Attach additional

sheets if necessary.

Yes

Number of Days During

Last Four

Completed

the 12-Month Taxable Year

Activity Conducted in Michigan

Tax Year(s)

2 or more

(MM/DD/YY)

Yr1

Physical contact within Michigan soliciting sales through

Yr2

employees,

agents,

representatives,

independent

Yr3

contractors or others acting on your behalf.

Yr4

Yr1

Make repairs or provide maintenance or service to property

Yr2

sold or to be sold to Michigan customers.

Yr3

Yr4

Yr1

Collect on current or delinquent accounts through

assignment or otherwise. This does not include financial

Yr2

institutions or banks unless they make sales of tangible

Yr3

personal property.

Yr4

Yr1

Yr2

Install or supervise installation at or after shipment or

delivery.

Yr3

Yr4

Yr1

Conduct training for employees, agents, representatives,

Yr2

independent contractors, brokers or others acting on your

Yr3

company's behalf.

Continued on next page.

Yr4

"Sub-representative" means a party to whom a representative delegates authority. An under-representative; a substituted representative; a

representative appointed by one who is a representative. A person appointed by a representative to perform some duty, or the whole of the business,

relating to their representation. A person employed by a representative to assist in transacting the affairs of their principal. But a mere servant of a

representative is not a "sub-representative." A sub-representative is a person appointed by a representative empowered to do so, to perform

functions undertaken by the representative for the principal, but for whose conduct the representative agrees with the principal to be primarily

responsible.